The recent First-tier Tribunal (Housing and Property Chamber) decision of Ritchie v Finlayson highlights the importance of providing sufficient evidence when making a claim against tenants for damage to the let property and contents.
When a tenant vacates a property there may be times when the property is not left in the same condition as it was at commencement of the tenancy. This could be a result of wear and tear or it could be as a result of failure on the part of the
In January 2020, the government confirmed that paid parental bereavement leave will be introduced for eligible employees on 6 April 2020. Here we look at the new entitlements, and discuss how employers can support staff going through a bereavement.
Quite amazingly, there has been no legal obligation for employers to provide paid time off for grieving parents. The Employment Rights Act 1996 affords employees the legal right to take 'reasonable' time off to deal with an emergency, which includes the death of a child.
Charities may be aware that Office of the Scottish Charity Regulator (OSCR) are asking all charities to report Notifiable Events. Whilst there is no legal requirement to report an event, OSCR are keen to encourage charities to report to them when there has been a significant event which may or may not have a negative impact on an individual charity or the wider charity sector.
Types of notifiable events can be as follows:-
In the current economic climate, contractor default is even more prevalent in the construction and engineering industries. Therefore, Registered Social Landlords (RSLs) should always look to protect their position when entering into construction contracts by taking active steps to guard against the risk of potential insolvency of contractors. Parent Company Guarantees v Performance Bonds - What option is best for you?
This is usually done by the contractor entering into a parent company guarantee or a performance bond which acts as security for losses sustained
The European Commission has released its updated public procurement thresholds that applies to Registered Social Landlords (RSLs) from 1 January 2020. Every two years, the European Commission updates the financial thresholds at which the EU Directives apply.
The Public Contracts (Scotland) Regulations 2015 set out specific procedures for awarding contracts in excess of the threshold values. Generally, when the value of a contract exceeds the thresholds (see below), it is a mandatory requirement that you publish a notice in the Official Journal of the European
The Housing (Scotland) Act 2001 (2001 Act) allows the landlord of a Scottish Secure Tenancy to recover an abandoned property without the need for court proceedings. Section 17, 18 and 19 of the 2001 Act deal with this procedure.
The procedure can only be applied where the landlord has reasonable grounds for believing that:
To ascertain if this is the position the Registered Social Landlord (RSL) should carry out diligent inquiries and
You have studied hard, attained your law degree and you are finally ready to be a Trainee Solicitor. Now, all that is left to do is to find a traineeship! But, how exactly do you do that?
Importantly, the answer to this is not the same for everyone. For some, the answer is more straightforward than others. They may have always have dreamt of being a high-flying Commercial Solicitor and know that this is what they intend to pursue. For others, they may fancy themselves
The Private Residential Tenancy regime provides that 'it is an eviction ground that the tenant has been in rent arrears for three or more consecutive months' (Ground 12 of Schedule 3 of the Private Housing (Tenancies) (Scotland) Act 2016).
There appears to have been a perception that a landlord could serve a Notice to Leave relying on this ground as soon as a tenant entered into arrears. The landlord would then delay raising proceedings until such time as three consecutive months of arrears had accrued.
As we wake up this morning we are presented with the seismic shift in the landscape of UK politics with the Conservatives taking control of the House of Commons with a landslide victory. Whilst the reality of what lies ahead in the next 5 years remains to be seen, there will of course be an impact on employment law as a result of this election.
In their manifesto, the Conservatives proposed to create a single enforcement body for employment rights to enforce employment law
The key difference is that a wayleave does not have to comply with any strict rules of creation. Wayleaves provide rights similar to those found in servitudes but can be created without the need to identify a benefited property. Wayleaves are binding for a specified period and against successors in title rather than being personal to a grantor.
A servitude is a real right which attaches to land and is independent of ownership. It can only be created over
Choosing who you wish to implement the terms of your Will can be a difficult decision. After all, this is the person you will trust to ensure that your estate is administered according to your wishes. An executor is a person who is appointed by someone who is making a Will (also known as the testator) to carry out their instructions as set out in their Will.
If you have been appointed as an executor, several considerations should be borne in mind. Firstly, as an
It's rarely in the best interests of a landlord/tenant relationship to have to move a disagreement over deposits to court proceedings. In some instances though, it is an inevitable result of a landlord not adhering to the Tenancy Deposit Schemes (Scotland) Regulations 2011. Between December 2017 and June 2019, there were over 200 cases where the tenancy deposit regulations had been breached and an award was granted against the landlord by the First-tier Tribunal for Scotland Housing and Property Chamber (FTT).
The regulations state
When you, or someone close to you, has been diagnosed with a deteriorating health condition thinking about day-to-day practicalities can be difficult, for example managing finances.
To allow someone to manage your day-to-day banking (but not open or close accounts or apply for overdraft) can be arranged by means of a Third Party Mandate. The account holder signs a mandate allowing the third party to pay bills and assist in managing the account on a day-to-day basis. This type of arrangement is suitable for someone
The Energy Efficiency (Domestic Private Rented Property) (Scotland) Regulations 2019 are proposed to come into force on 1 April 2020.
The purpose of these regulations is to tackle the the least energy-efficient properties in Scotland.
These regulations outline minimum standards of energy efficiency landlords must meet for domestic private rented properties. EPCs (Energy Performance Certificates) are used to measure this standard.
The regulations provide that a landlord is not permitted to let a domestic property if the energy performance indicator for the property is below
Since 2012, landlords in Scotland have been required to lodge security deposits in one of three approved tenancy deposit schemes. Landlords should by now be well aware of their obligations to lodge deposits within 30 working days and to provide tenants with specific information relating to the tenancy and the deposit. The scheme is regulated by the Tenancy Deposit Scheme (Scotland) Regulations 2011.
On 11 November 2019 the Tenancy Deposit Schemes (Scotland) Amendment Regulations 2019 made a number of changes to the 2011 provisions. Perhaps,
You have made a Will. Congratulations! This now means all of your affairs are in order, your Will can be easily interpreted upon your death and your family will understand your reasons for what you have chosen to include in your Will. Well, not necessarily. It can, at times, be difficult to understand someone's Will after their death and it may be that a Letter of Wishes can clarify matters.
A Letter of Wishes is as it says: a
Are you a property owner whose title deeds contain conditions which are out-of-date or unclear or in some way now proving to be unduly onerous or prohibitive to the use and enjoyment of your property? Are you looking for ways to have your title conditions varied or even discharged?
It is possible to vary and/or discharge many conditions which appear in title deeds and there are a number of ways in which this can be achieved. Two practical courses of action are open to owners
There can be many reasons for someone requiring a move to a care home from being less able to do the things you used to do, recurring falls or starting to feel lonely. Care homes have trained staff on hand, which may help to remove risks you may face at home. It is perfectly normal to have conflicted feelings about a care home move for yourself or a family member. So what are the things you should think about before moving into care accommodation?
Have you possessed land for which you have registered a deed - openly, peacefully and without judicial interruption? If yes, you may have obtained good title to it.
The law, or prescription, operating for sasine titles has remained unchanged since the introduction of the Prescription and Limitations (Scotland) Act 1973 in that where a title includes a description of land 'habile' to include it is possible to gain rights over that land over a passage of time. This principle is referred to as prescription.
For many, the prospect of making a Will to adequately provide for their family can seem a rather daunting task. However, when you are a business owner, the number of issues to be considered increases. With that in mind, why should business owners make a Will? Is it really that important?
Succession planning is often at the forefront of a business owner's mind to ensure that the business can carry on when they are no longer here. A Will should be
